What should I do if the pressure is not refunded, and what should I do if the company does not refun

Depending on the situation, if the contract is signed, it is natural to go through legal procedures.

1. When renting:

A security deposit is money that is used as collateral when renting something. The amount of the deposit is usually paid at or above the original price of the borrowed item, and the original deposit amount will be refunded when the borrowed item is returned. In the event of default, it will be deducted.

The deposit is that one party deposits a certain fee with the other party to ensure that its actions will not cause damage to the interests of the other party, and if the damage is caused, it can be paid according to the facts or compensated separately. After the legal relationship between the parties does not exist and there are no other disputes, the deposit shall be refunded.

2. When signing the contract:

[Legal Attributes of Deposits].

The deposit is also a kind of monetary pledge, specifically a special form of pledge guarantee. That is, the deposit is to guarantee the performance of the debt, and the debtor or a third party transfers a certain amount of money to the creditor for possession, and when the debtor fails to perform the contract, the creditor can be repaid in priority for the deposit paid by the debtor; If the debtor has fulfilled the debt in accordance with the contract, the deposit paid by the debtor may be offset against the price or recovered.

At present, there is no clear legal provision on the deposit in China's current law, and according to the legal principle that the law is legal if there is no mandatory provision, the parties should be allowed to adopt the guarantee method of agreeing to pay a certain amount of deposit in economic activities.

In order to explain the legal attributes of the deposit more clearly, combined with the similarities and differences between its legal characteristics and the deposit, it is briefly described as follows:

1) The deposit is guaranteed by the creditor's right and does not have the effect of real right; The deposit should fall within the scope of the security interest;

2) The deposit is a statutory guarantee method, and the deposit is only a customary way in the process of private transactions, and China's law neither expressly recognizes nor prohibits the deposit as a guarantee method;

3) The deposit is limited to the parties to the secured contract, and the payment of the deposit can be the debtor of the main contract or a third party other than the debtor.

4) The amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract, and the amount of the deposit may be freely agreed by the parties to be higher or lower than the amount of the subject matter of the main contract;

5) The deposit has the function of punishing the defaulting party, and the deposit only has the function of guaranteeing the performance of the contract obligor, and its sanctions against the defaulting party are only limited to the deposit paid. That is, if the party who paid the deposit fails to perform its contractual obligations, it has no right to recover the deposit; However, if the party accepting the deposit fails to perform its contractual obligations, it does not bear the obligation to return the deposit double.

You can threaten them: if you don't give it, you will complain**.

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If the deposit is in the nature of a deposit, it cannot be refunded, but the deposit can be refunded. A deposit means that one party pays a certain amount of cash to the other party in order to ensure the performance of the contract, and the deposit is returned when the contractual obligations are fulfilled.

[Legal basis].Article 464 of the Civil Code.

A contract is an agreement between civil subjects to establish, modify, or terminate a civil legal relationship.

Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Article 465.

Contracts established in accordance with the law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis: You can report a complaint to the labor inspection department, or apply for labor arbitration, and then you can file a lawsuit in the court to protect your legitimate rights and interests. If a dispute arises between an employee and an employer who dissolves or terminates the labor relationship and requests the employer to return the deposit or mortgage of the labor contract received by the employee, and the party sues in accordance with the law after arbitration by the labor dispute arbitration commission, the people's court shall accept the lawsuit.

Legal basis: Article 9 of the Labor Contract Law of the People's Republic of China shall not detain the worker's resident ID card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in other names.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor compensation, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Legal analysis: the deposit can be refunded, and the pressure cannot be refunded if it is in the nature of a deposit.

Legal basis: Civil Code of the People's Republic of China

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.